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  • Returning to US with a baby.

    Dear All,

    My wife has green card and will deliver on July. 1 year will have passed upon departure from US with green card by September. I know that baby can be stamped at POE until 2 years. However that rule is with the assumption that the mother brings the baby upon the first arrival after birth. My question is what happens if my wife enters US after birth without the baby not to violate 1 year rule then leave US and after several months return with the baby? Will the baby still stamped with an easy procedure?

    Another related question, is it a better option for my wife apply for SB-1 visa (not entering US before 1 year, waiting with baby)?

    Appreciate your knowledge and opinions. Thank you.

    HP

  • #2
    HP,

    A necessary question before responding to your questions is whether the father is a U.S. citizen. If so, then the child's birth must be reported at the Embassy and U.S. citizenship and passport claimed.

    If you, the father, are not a U.S. citizen, the child will need a passport of its country of citizenship (or birth, not always the same).

    I'm not sure what you mean by "...that the baby can be stamped at POE until 2 years..." If you are referring to the "babe in arms" rule, I'm not sure if that can still be relied upon to overcome the requirement for a passport for the child.

    Assuming your wife did not apply and have Biometrics for a Reentry Permit before leaving the U.S., my advice would be for her to return to the U.S. and deliver here. If she delivers in her country, to then leave the child just to keep her Green Card active, then return to the PI to get the child, involves significant extra expense and risk to the child in her absence.

    --Ray B

    Originally posted by HP81 View Post
    Dear All,

    My wife has green card and will deliver on July. 1 year will have passed upon departure from US with green card by September. I know that baby can be stamped at POE until 2 years. However that rule is with the assumption that the mother brings the baby upon the first arrival after birth. My question is what happens if my wife enters US after birth without the baby not to violate 1 year rule then leave US and after several months return with the baby? Will the baby still stamped with an easy procedure?

    Another related question, is it a better option for my wife apply for SB-1 visa (not entering US before 1 year, waiting with baby)?

    Appreciate your knowledge and opinions. Thank you.

    HP

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